Worcester v. Georgia
31 U.S. (6 Pet.) 515 (1832)
Constitutional Topic Areas:
Article I, Federalism, Interstate Commerce, Foreign Relations, Appellate Jurisdiction
Case Facts:
Leading up to the 1830s, tensions between Native American tribes and the US Government were high. The westward expansion of the US led to the loss of tribal land, either by force or by cession. With this manifest destiny continuing to expand, tribes sought recourse. Samuel Worcester, a non-native white American and missionary to the Cherokee Nation, was living on tribal land within the State of Georgia. While residing on tribal land, Worcester collaborated with natives and Cherokee Nation writer Elias Boudinot and established the first Native American news paper, The Cherokee Phoenix. Further, Worcester took to the courts to defend trial land from settler’s encroachment. According to an 1830 Georgia state law, it was illegal for any white non-native American to reside on tribal land without a license from the state. Worcester and others protested by publishing an article in the Cherokee Phoenix that was critical of the law, and refused to get the appropriate license. When the law took effect, Worcester and his associates were arrested by the Georgia State Militia. Worcester argued the Georgia law violated the Constitution, various treaties signed between the Cherokee Nation and the US, and a congressional act which regulated intercourse between states and Native American tribes. Worcester was convicted and was sentenced to 4 years hard labor. Worcester appealed to the Supreme Court, arguing the Georgia law strips the Cherokee Nation of its sovereignty to manage its own affairs.
Questions:
1. Does Georgia have the authority to regulate intercourse with the Cherokee Nation?
Holding:
1. No
Legal Reasoning: Chief Justice J. Marshall (5-1)
1. The relations between the United States and Native American Nations is akin to that of other various nations. Native American Nations reserve their own rights to make their own laws and manage their own affairs.
2. Since the Cherokee Nation is viewed as a foreign nation, the federal government has exclusive authority to regulate intercourse. Therefore the Georgia state law confers with the federal government’s authority and is unconstitutional
Dissent: Justice H. Baldwin
1. On procedural grounds, the official record was improperly returned upon the court’s reception of the writ of error. The record should have been returned by the State Court of Georgia and not by the clerk of the same court. Baldwin’s opinion remained the same as his opinion in Cherokee Nation v. The State of Georgia during the courts previous term. His official opinion was never delivered to a reporter to be published
Significance:
The majority opinion written by Chief Justice John Marshall strongly affirmed the sovereignty of Native American Nations and is well known for its dicta establishing the relationship between the federal government, individual states, and tribes. This dicta is credited with being the foundation of the tribal sovereignty doctrine.
Reflection:
Worcester strengthened the power of the federal government by constraining the states from regulating intercourse with native nations and other foreign nations on their own. Worcester has been cited in numerous cases as recently as 2022 in Oklahoma v. Castro-Huerta, although the majority opinion in Oklahoma detracted from Worcester‘s precedent. Overall, Worcester broadened the power of the federal government.
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